2020-03-27 City Council - Full Agenda-25761.
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o Agenda
Edmonds City Council
V
Hy° VIRTUAL ONLINE MEETING
EDMONDS CITY COUNCIL MEETINGS WEB PAGE,
HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA
98020
MARCH 27, 2020, 3:00 PM
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CALL TO ORDER/PLEDGE OF ALLEGIANCE
LAND ACKNOWLEDGEMENT
ROLL CALL
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PUBLIC COMMENTS MAY BE SUBMITTED TO THE CITY COUNCIL AT THE FOLLOWING EMAIL
ADDRESS: PUBLICCOMMENTS@EDMONDSWA.GOV
ACTION ITEMS
1. Ordinance Removing ECC 6.60.090(G) from List of Mayor's Emergency Powers (10 min)
2. Ordinance Temporarily Exempting Grocery Stores from the Plastic Bag Regulations of Chapter
6.80 ECC (15 min)
MAYOR'S COMMENTS
COUNCIL COMMENTS
ADJOURN
"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH
(SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME
IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE
RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR
SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND
ACKNOWLEDGMENT
Edmonds City Council Agenda
March 27, 2020
Page 1
6.1
City Council Agenda Item
Meeting Date: 03/27/2020
Ordinance Removing ECC 6.60.090(G) from List of Mayor's Emergency Powers
Staff Lead: Jeff Taraday, City Attorney
Department: City Attorney's Office
Preparer: Scott Passey
Background/History
The city council amended chapter 6.60 ECC during a special meeting on Sunday, March 22, 2020.
Staff Recommendation
Adopt the attached ordinance.
Narrative
The mayor and city attorney are recommending that the city council remove subsection ECC 6.60.090.G
from the list of the mayor's emergency powers. That section would authorize the mayor to issue: "[a]n
order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing
bodily harm and which is carried or possessed with intent to use the same to cause such harm...."
Attachments:
Ordinance Amending Chapter 6.60 ECC
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6.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 6.60.090 OF THE
EDMONDS CITY CODE, ENTITLED "ORDERS DURING
EMERGENCY," TO REMOVE SUBSECTION G REGARDING
THE MAYOR'S AUTHORITY TO ISSUE EMERGENCY
ORDERS PROHIBITING THE CARRYING OR POSSESSION
OF A FIREARM.
WHEREAS, the city council adopted Ordinance 4177 during a special meeting on Sunday,
March 22, 2020; and
WHEREAS, Ordinance 4177 was intended to update chapter 6.60 of the Edmonds City
Code to ensure that the city was well prepared to respond swiftly to the COVID-19 pandemic; and
WHEREAS, the mayor's ability to issue emergency orders pursuant to Ordinance 4177
and ECC 6.60.090 was modeled after existing code provisions in the cities of Everett and Seattle;
and
WHEREAS, the mayor and city attorney are now recommending that the city council
remove from the list of the mayor's emergency powers the ability to prohibit the carrying or
possession of a firearm; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 6.60.090 of the Edmonds City Code, entitled "Orders during
emergency," is hereby amended to read as follows (new text is shown in underline; deleted text is
shown in strike -through):
6.60.090 Orders during emergency.
Upon the proclamation of an emergency or civil emergency, the mayor, or if absent
or incapacitated, the president of the city council, during the existence of such emergency
or civil emergency, may make and proclaim any or all of the following orders:
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6.1.a
A. An order imposing a general curfew applicable to the city as a whole, or to
such geographical area or areas of the city as deemed necessary, and during such hours as
deemed necessary, and from time to time modify the area or areas to which such a curfew
shall apply, and the hours that such curfew will be in effect;
B. An order requiring any or all business establishments to close and remain
closed until further order;
C. An order requiring the closure of any or all bars, taverns, liquor stores and
other business establishments where alcoholic beverages are sold or otherwise dispensed;
provided that with respect to those business establishments which are not primarily devoted
to the sale of alcoholic beverages, and in which such alcoholic beverages may be removed
or made secure for possible seizure by the public, the portions thereof utilized for the sale
of items other than alcoholic beverages may, in the mayor's discretion, be allowed to
remain open;
D. An order requiring the discontinuance of sale, distribution, or giving away of
alcoholic beverages in any or all parts of the city;
E. An order requiring the discontinuance of the sale, distribution, or giving away
of gasoline or other liquid, flammable or combustible products in any container (other than
a gasoline tank properly fixed to a motor vehicle);
F. An order closing to the public any and all public places, including streets,
alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;
G. An order- prohibiting the . — Possession of a fir-eafm or- any instmmen4
use the same to eause sueh hafm, provided that any stieh order- shall not apply to pe
offieer-s or- militafy personnel engaged in the per-foFmaaee of their- offieial duties;
1An order requesting federal and/or state assistance in combating such civil
emergency;
HI. An order establishing economic controls in aid of and supplementary to and
consistent with federal orders relating to price stabilization or controls including: the
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6.1.a
convening and establishing of ration boards; auditing retail and wholesale ration accounts;
monitoring price control operations and reporting violations to appropriate authorities;
assisting in providing essential supplies to disaster victims; and advising appropriate
authorities concerning rationing, price control, wage and rent controls, and allocation of
food and other essential commodities;
IJ. An order directing the use of all public and private health, medical, and
convalescent facilities and equipment to provide emergency health and medical care for
injured or sick persons;
JK. An order authorizing, in cooperation with utility management and appropriate
state and federal agencies, the shutting off, restoration, and operation of utility services in
accordance with priorities established for combating such emergency or civil emergency;
Kh. An order providing for the evacuation and reception of the population of the
City or any part thereof; and
LM. Such other orders as are imminently necessary for the protection of life and
property.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Declaration of EmergencX. The City Council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the Council, and that the same is not subject to a referendum
(RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19 virus
and the City Council wants to ensure that the city is properly positioned to act swiftly in response
to it.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
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6.1.a
Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of
the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by
a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
:•
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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6.1.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2020, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 6.60.090 OF
THE EDMONDS CITY CODE, ENTITLED "ORDERS
DURING EMERGENCY," TO REMOVE SUBSECTION
G REGARDING THE MAYOR'S AUTHORITY TO
ISSUE EMERGENCY ORDERS PROHIBITING THE
CARRYING OR POSSESSION OF A FIREARM.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2020.
CITY CLERK, SCOTT PASSEY
k,
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6.2
City Council Agenda Item
Meeting Date: 03/27/2020
Ordinance Temporarily Exempting Grocery Stores from the Plastic Bag Regulations of Chapter 6.80 ECC
Staff Lead: Shane Hope, Development Services Director
Department: Development Services
Preparer: Scott Passey
Background/History
Under Chapter 6.80 ECC, the City of Edmonds generally bans the use of light -gauge plastic bags by
grocery stores for carryout purposes. The ban does not apply to the use of carryout bags by restaurants.
Staff Recommendation
Adopt ordinance for temporary exemption.
Narrative
With the outbreak of COVID-19 and the need to take many precautionary measures to reduce exposure,
and the additional demand from shoppers to purchase more food and other grocery store supplies,
grocers have not been able to keep an adequate supply of heavy -gauge plastic bags or paper bags. In
addition, due to concerns about the spread of infection, grocery store checkers are reluctant to handle
used bags that customers bring for carryout purposes.
The City has not been enforcing the ban since the COVID-19 emergency was declared by Mayor Nelson
and certain emergency powers have been authorized.
To clarify the City's position on plastic bags for impacted business, an ordinance (attached) has been
drafted. It temporarily lifts the ban on light -gauge plastic bags for carryout use by grocery stores. The
ordinance is written to be in effect for 90 days.
Attachments:
Ordinance Allowing a Temporary Exemption from Chapter 6.80 ECC
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6.2.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ALLOWING A TEMPORARY BLANKET
EXEMPTION FROM CHAPTER 6.80 ECC, ENTITLED
"PLASTIC BAG REDUCTION," DUE TO COMPLIANCE
PROBLEMS CAUSED BY THE COVID-19 PANDEMIC
WHEREAS, grocery stores in Washington are facing an unprecedented grocery bag supply
issue due to the COVID-19 outbreak; and
WHEREAS, grocery stores have had a longstanding issue with access to paper bags, but
are now also struggling to find adequate supplies of heavier gauge plastic bags as shoppers are
buying in significantly larger quantities due to the COVID-19 outbreak; and
WHEREAS, grocery store checkers are concerned about the COVID-19 exposure that
could come from touching reusable bags brought into the store by a customer; and
WHEREAS, grocery store checkers would feel less exposed to the virus if they could bag
customer purchases in a paper bag or plastic bag obtained by the grocery store; and
WHEREAS, grocers cannot legally utilize lighter weight plastic bags without city council
authorization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Notwithstanding the provisions of chapter 6.80 ECC, entitled "Plastic Bag
Reduction," all grocery stores operating within the City of Edmonds shall be exempt from
compliance with the provisions of chapter 6.80 ECC for a period of ninety days from the effective
date of this Ordinance.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Declaration of EmergencX. The City Council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a majority vote
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6.2.a
plus one of the whole membership of the Council, and that the same is not subject to a referendum
(RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19 virus
and this ordinance is intended to address a problem that has been caused by that emergency.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of
the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by
a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
IM
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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6.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2020, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ALLOWING A TEMPORARY
BLANKET EXEMPTION FROM CHAPTER 6.80 ECC,
ENTITLED "PLASTIC BAG REDUCTION," DUE TO
COMPLIANCE PROBLEMS CAUSED BY THE COVID-
19 PANDEMIC
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2020.
4840-7251-8158,v. 1
3
CITY CLERK, SCOTT PASSEY
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